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Code Enforcement Board Meeting Minutes 07/17/08

Mr. Vanneck asked for clarification on what the motion was and Mr. Walton advised the motion was that the sea grapes must be cut after turtle season, by November 7, 2008 and if they were not cut by that date, a $250.00 a day fine would commence on November 8, 2008 and continue until compliance was achieved.

Mr. Fried asked who the fine would apply to and Mr. Walton said it would be to the Nightingale Trail Beach Club Association. Mr. Fried asked if this was a legally constituted body and Mr. Maxey said it was an informal body, that on the deeds, everyone owns this piece of property in common. There was some additional discussion on the ordinance. Ms. Van Buren asked if every single property owner on the street was a member of the association and Mr. Maxey said every property owner on Nightingale Trail was and there were one or two houses on North Ocean and North Lake as well. Mr. Maxey said there were 23 separate memberships. Ms. Van Buren asked about the finances and Mr. Maxey said there were annual dues of $75.00 a year and a common bank account of $3500 or $3600. Mr. Maxey said that if a fine was incurred, that is probably where the money would come from but he did not believe, because of his fiduciary responsibility to the group, he could fight the decision with any of those monies. Mr. Ochstein asked if he was an elected officer and Mr. Maxey said he was president and that he keeps the books and makes sure the place is in good condition.

MOTION BY MR. OCHSTEIN TO GRANT THE VIOLATOR UNTIL NOVEMBER 7, 2008 TO COME INTO COMPLIANCE AND IF COMPLIANCE IS NOT ACHIEVED BY THAT DATE, TO ASSESS A FINE IN THE AMOUNT OF $250.00 A DAY UNTIL COMPLIANCE IS ACHIEVED
SECONDED BY MR. BALLENTINE
MOTION OPPOSED

ROLL CALL VOTE:

MR. OCHSTEIN YES
MR. BALLENTINE YES
MR. FRIED YES
MS. GREENBERG YES
MS. VAN BUREN YES
MR. VANNECK NO

MR. HOFFMAN YES

MOTION PASSES 6-1

Mr. Fried advised Mr. Maxey that the Code Enforcement Board’s position was to enforce the Code and said that he had always found the Town Council members to be very receptive, individually and as a group. Mr. Fried said it was not beyond

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